Texas dad fatally shoots 4 kids, wounds wife

A makeshift memorial with balloons, stuffed animals and religious candles sits outside a trailer in Bay City, Texas, Thursday, Dec. 1, 2011, where a man shot four children and their mother on Wednesday before killing himself.

BAY CITY, Texas (AP) — Laura Gonzalez was happy to be back at work after three weeks away that included a stay at a battered women's shelter. She saw it as the beginning of a new life. One without her husband and the father of her four children, she told co-workers. She wasn't going back to him this time, she said, and left for home.

Less than an hour later, her 24-year-old husband, Jose Avila, launched a brutal final assault. First he shot his wife three times. Then, he began shooting the children. Avila's final act was to kill himself.

Two of the children died at a hospital Thursday, a day after their two siblings were killed in the shooting that rattled the small southeast Texas town of Bay City. Their mother is hospitalized in critical condition.

As details trickled out, a picture emerged Thursday of a family long struggling with violence, including an assault reported by Gonzalez just before Thanksgiving. After that, she went to a battered women's shelter.

"I asked her how she was doing because I knew she was at the crisis center. She said she was trying to make something of her freedom and a better life for herself and her children," said Alejandro Gonzalez, a fellow waiter at La Casona, the Mexican restaurant where Gonzalez worked.

"She wanted to make a better life for his kids because they see all the violence," he added, recounting the conversation he had with Gonzalez hours before Avila turned on her.

Although Gonzalez left the trailer home she shared with her husband after reporting the assault, Bay City Lt. Andrew Lewis said she refused to press charges. He didn't know how long she stayed at the shelter.

Wednesday's violence unfolded on a quiet street in Bay City — a town about 65 miles southwest of Houston — just as two nearby schools were letting out. The couple started arguing inside the trailer, and Avila shot his wife twice, Lewis said. She ran out to the front yard, where Avila shot her a third time. Then, he turned on the children.

"We heard ... that he was walking around waving a gun," Lewis said, describing the violent scene that unfolded on a lawn now decorated with a makeshift memorial of teddy bears, candles and prayer books. At least one student witnessed the incident.

Two of the brothers, aged 3 and 5, died of their wounds at a Houston hospital Wednesday. Their 2-year-old sister and 4-year-old brother had been on life support but died Thursday. Gonzalez was in critical condition Thursday night at Memorial Hermann-Texas Medical Center in Houston, a hospital spokeswoman said.

Police have not officially released the names of the victims, but co-workers and neighbors identified Avila's wife as Laura Gonzalez.

The family had moved into the trailer home near Bay City's Western-style downtown about a year ago, neighbors said. They appeared to live a quiet life. On occasion, next-door neighbor Isuro Perez heard them arguing, but it appeared to be nothing out-of-the-ordinary. Just a run-of-the-mill dispute between a married couple.

"He always plays soccer out here in this field out here, plays soccer with his kids," Perez said, pointing to a grassy area opposite the row of trailer homes. "They were nice people, nothing went wrong really. They were a happy family."

At work, though, Gonzalez portrayed a different picture. Alejandro Gonzalez said he once saw her with a black eye. And Ruby Gomez, a waitress at La Casona, said Laura Gonzalez had told her about problems she had with her husband.

"She had to leave to get the kids in the afternoon because he threatened her that if she left him he was going to kill the four kids and her," Gomez said.

Once, Gomez said, Gonzalez told her Avila had locked her in the house and gone to work. She escaped through a window and went to a shelter, Gomez recounted. That was the second time she left him, and vowed not to go back.

The first time "he convinced her that he was going to change and that he really loved his kids, and convinced her to return to live with him," Gomez said.

Still, the tragic outcome of the relationship came as a shock to Gonzalez's co-workers and to other residents of Bay City — a town of just over 17,000 people surrounded by large ranches and farmland. The shooting was the talk of the town Thursday, as residents drove slowly past the couple's home.

Some stopped to add something to the growing memorial. Others cried. Several prayed.

"It's going to be sad for the momma when she wakes up and finds out she lost her children," said Gloria Carranza, a 41-year-old Bay City native who added pink and blue balloons to the memorial.

"Things like this don't happen in a small town like Bay City," she said.

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I thought the state of texas had a law in place where when there is spousal abuse the state prosecutes the offender whether the vicitm wants to or not . if it is still in place the law severely failed this family .

The law is in place and in most cases officer DO arrest the one committing violance, however I have seen many cases of violance right here in Amarillo where APD DOESN'T arrest the abuser. I can't wait until the day someone sues them for not doing their job and it will come.

That being said, arresting someone and getting a protective order only works if the abuser follows it. Law enforcement can't keep the person locked up forever and can't follow every person around with a protective order. The law is a good one and when police go on calls it comes up in the computer if there is a protrective order in place and the officers are notified but like anything else you have to watch yourself and the victim needs to be careful, whatch around them and stay away from the abuser too.

It's a very sad story and thing that takes place and "yes" it does happen in small town America all the time.

Maybe people ought to start looking to the PROSECUTORS for this matter. Cops can arrest people a thousand times,but unless a PROSECUTOR DOES WHAT THEY ARE SUPPOSED TO DO, then a guy can bond out, and go about his day as he pleases. When they are sent to PRISON they can't do as they please. People who blame the cops are people who don't know how this stuff works. Maybe, that is is he's a FORMER lawman.

my understanding of the tx law, is that the victim has to be willing to press charges first..if she had pressed charges and the prosecution filed charges with the victim impact statement, then she would not have been able to withdraw the case, even if she wanted to.

so sad that he found this to be his only answer..it is hard to understand the mind of such a violent, controlling person..may the Lord provide strength and save this lady's life although I don't know if she will be able to cope with the loss of her children like that.

No the victim doesn't have to press charges Under the law Vernon's Ann.Texas C.C.P. Art. 14.03 Peace officers have the authority to arrest without warrant any person they feel they have probable cause to suspect has committed an act of family violence. The police decide. This one decided not to arrest. Let's wait for more details on this.

Even if he had been arrested and the prosecutor went on with the charges, the defendant has to be in violation of a protective order at the time of the arrest for bond to be denied is my understanding.

I am glad we have the laws that we do but you can't pass enough laws to stop something like this from ever happening, the crazy people act faster than the law can act, which is why any woman that is in need of a protective order is in need of a gun also!

An Officer can make the arrest without the victims assistance IF the offender is at the scene . If the Offender has left the Officer is required to make the report, which likely (usually if the prosecutor does their job and there is enough evidence,) will end with a warrant being issued for the offender. The officer in this case made the report, but the offender was not at the scene when the report was taken.

Looks like it took quite a bit of work to get this done, kudos to the local officials;

Another website lists this in detail if you just search for Amarillo Domestic Violence Protocol. They do not want us posting links here but it lists the entire thing this is the part about leaving the scene:

3) Arrests encouraged. Officers are encouraged to make an arrest when there is probable cause to believe that the suspect has committed a family violence assault. If the suspect has left the scene, but his/her whereabouts are known, the suspect can be arrested at his/her present location. Officers shall make an arrest when, in their opinion, there is a continuing threat of family violence. The fact that the suspect has left the scene does not automatically decrease the threat of continuing family violence. Officers should pursue the suspect and make an arrest.

To "1242", sorry you don't know what you're talk about. The reson I'm former LEO is I got tired of officers now a days not wanting to do their jobs and "yes" there are still some police officers that do care and do their jobs well but there are a lot more that are lazy, arrogant and just dont care. They think they are "Hot shots" because they have a badge and gun. I'm "former LEO" because of those reasons and I got tired of it and now work where I can do something more to help people.

For "StillNA T222", thanks for the link. The problem with policy is it's only as good as the peoplewho follow it. The law says "you shall" arrest in domestic violance and it's The State of Texas filing the charges, not the victim.

I can tell those of you who question some things of a case about a week ago where a woman was assulted by her husband who doesn't live with her anymore but showed up at her house and left marks on her body in a domestic situation. She called the police and he stayed around in front of the house for them to show up due to his arrogance and position.

Because of his position and job, the officers DID NOT arrest him, they called their supervisor to see what they should do. They were told to "let him leave". She did go to the courts and get a protective order after the holiday weekend but he should have been arrested on the spot, while he was still there and wasn't.

Had he gone back and really done something to hurt or kill her the city would be looking at a lawsuite due to stupid, lazy officers and protecting someone becuase of their position and job title.

There are a lot of problems with our judicial system for sure, but when the police don't do there job up front to protect the public, it just adds to the problems. I have had several dealings with APD where officers won't do what they should on a call due to stupid excuses and lies. I have also had dealing with agencies where officers do their jobs. I will also tell you, the deputies in both counties tend to do their jobs the correct way a lot more than APD Officers. I'm sure these are the cases all around the country.

She doesn't need to shoot to hurt his pride, she needs to shoot to kill him because her life or the lives of her children or others are in danger. I should have said more about this. I am talking about the woman that is done with it and not the one that just wants him to go away and cool off who is going to listen to promises later. That woman has no business with a gun, he will use it on her.

This is why I say that the woman needs a gun and I should have said she needs training on how to use that gun. Even when law enforcement does everything right and as you say, you can't count on everything being done right. But even if is all done right there are still time gaps and a person that determined to regain control of you can find a way.

What vicitims of domestic violance needs to know and understand is even with a protective order, you are not safe at all. You have to undeerstand it's a tool for law enforcement to help lock someone up that violates it but it won't keep the abuser under control or away from the victim if they don't want to obide by it.

You have to take the actions needed to protect yourself and your family from an abuser and for Gods sake, don't be fooled into meeting with or believing the abuser is going to change because they don't, it just gives them an opportunity to get close enough to hurt you again and in most cases ever worse than before.

You are so right, protective orders do not prevent violence. I had a friend who had a protective order against her ex and ended up murdered. This is such a fact in a lot of people's life. We also need to remember that men as well as women can be victims. Women are the victims at a much higher percentage though.